INSTRUCTIONS:

1) Read the theory given below before attempting the Quiz.
2) To attempt the Quiz click on "START" button given at the end of the Theory.
3) There will be no time limit to complete the Quiz.
4) There will be no negative marking in this Quiz.
5) The Quiz will have 10 Questions.

THEORY (LAW OF EVIDENCE)

A legal dispute arises between the parties to a litigation when one of the parties asserts some right and the other party denies it. The aggrieved party, i.e., the party whose rights are denied approaches a Court having jurisdiction by presenting his pleadings. In the pleadings submitted by him, the party instituting the case pleads facts and claims relief based on certain grounds. The Court issues summons to the opposite party. Along with the summons a copy of the pleadings presented by the party instituting the case is supplied to the opposite party. The opposite party appears before the Court and presents its pleadings in reply to the pleadings submitted by the party instituting the case.
In the pleadings submitted by the opposite party, he pleads his version of facts, and seeks dismissal of the case against him. The Court compares the two pleadings, one submitted by the party instituting the case and the other submitted by the opposite party. By doing so, the Court separates two sets of facts.

1. Facts pleaded by the party instituting the case and admitted by the opposite party. These set of facts are called ‘admitted facts’.
2. Facts pleaded by the party instituting the case and denied by the opposite party. These facts are called the ‘disputed facts’.

As there is a consensus among the parties in respect of the admitted facts, they form the facts of the case. In respect of disputed facts, the versions of the parties differ, and the Court has to decide which facts of these two different sets should be treated as the facts of the case. In this regard, the Court frames issues. Issues so framed are the questions of fact involved in the case. These issues specify the exact controversy between the parties. The Court answers these questions of fact based on the evidence on record, which is produced by the parties.
An analysis of the above discussion leads to the conclusion that in a case there can be four sets of facts.

1. the actual facts, or the real facts;
2. the facts pleaded by the party instituting the proceedings;
3. the facts pleaded by the opposite party; and
4. the Court’s findings.

The Court’s findings should be based on the ‘material before it’, which includes pleadings of the parties, evidence on record and material objects. The judge cannot apply his personal knowledge in finding the fact of the case. The decision of the Court is based on the facts admitted by both the parties and the facts found by the Court.

CONCEPT OF FACT

Jurisprudentially, ‘fact’ may be viewed in two different ways:

1. First, fact may be viewed as distinguished from law. Law is something which may be ascertained from the books of law. Anything which may not be ascertained from the books of law is a fact.

2. Second, fact is something which may be perceived. In this sense, a fact is something which may be seen, heard, tasted, smelt or felt.

DEFINITION OF FACT, RELEVANT FACT and FACT IN ISSUE

Section 3 of Indian Evidence Act, 1872 defines Fact as:

“Fact” means and includes--

(1) any thing, state of things, or relation of things, capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.

The definition of “fact” includes two parts. The first part deals with what may be called the “physical facts”, while the second part deals with what may be called “psychological facts”.

2) “Relevant Fact” -

One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of Indian Evidence Act, relating to the relevancy of facts.

The word 'relevant' has two meanings. in one sense, it means "connected" and another sense "admissible". One fact is said to be relevant to another when the one is connected with the other, in any of the way refe